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以“危机应对”和“政府主导”为特征的水库移民立法与实践一直受到现实复杂性的挑战。我国水库移民法制呈现明显的合宪性瑕疵,由于文本设计存在补偿方面的歧视性规定、移民行政程序阙如、实体规定疏简障等典型问题,面对移民权利意识的觉醒凸显政策法律调整滞后所导致的国家治理能力低下。移民工作的灵活性和复杂性不能成为《水库移民法》立法障碍,具体设计上应变政府主导分级负责型运作模式为政府主导下的项目法人责任型,确立“维护移民权利”与“保障公共产品供给”的二元法律价值目标,定位于特别立法和专门立法而非综合立法。
The legislation and practice of reservoir immigrants featuring “crisis response” and “government-led” have always been challenged by the reality and complexity. The legal system of reservoir immigration in our country shows obvious constitutional flaws. Due to the discriminatory provisions in compensation for text design, the lack of administrative procedures for immigration and the typical problems such as the sparseness of entity regulations, the awakening of immigrant rights awareness highlights the lag in policy and law adjustment Resulting in low national governance capacity. The flexibility and complexity of resettlement work can not become a legislative obstacle to the “Reservoir Immigration Law”, and the specific design should be contingent. The government-led grading and responsible mode of operation is the responsibility type of the project under the government-led and establishes the “safeguarding the rights of resettlers” and “ Safeguard the public goods supply ”dual legal value target, located in the special legislation and specialized legislation rather than comprehensive legislation.